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Duhaime's Law Dictionary

Directed Verdict Definition:

A special intervention at trial occurring on the judge’s initiative or on a party’s motion, once the party with the burden of proof has closed his/her case, that the case be dismissed based on the allegation that the burden has not been met.

In a jury trial, the judge is the master of law and the gate-keeper of evidence, including the threshold of the burden of proof. If the Court is of the view that the evidence brought by the prosecutor (in a criminal case) or the plaintiff (in a civil case) has not met the burden of proof, the Court will “direct” the trial away from the jury and “direct a verdict” as to dismissal of a civil claim or the acquittal of an accused in a criminal matter.

In a criminal trial, this would result in an acquittal of the accused.

In a civil case, this would result in the action being dismissed against the plaintiff.

If a motion for a directed verdict is made and dismissed, the trial continues normally as if the motion was never made.

Many jurisdictions have eliminated this nomenclature and have replaced it with the motion for acquittal or, in civil cases, a "no evidence" or "insufficient" evidence motion or a motion for dismissal of the plaintiff's action.

In 1998, Canada's Supreme Court decided, in Charemski, that a directed verdict can only be entertained in criminal matters if there is "no evidence" of an essential element of the offence.

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Duhaime Lawisms

Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
Criminal Code, Canada

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.